3) Order Promulgating The Rules Governing The Annual Budget Of The Judicial Branch Of The Territory Of Guan 4) 5) 26 27 9) The Executive Officer of the Supreme Court may return the draft budget proposal to the Administrative Director of the Superior Court with instructions to reconsider or provide additional justification for those items or amounts to be provided. The Administrative Director shall then resubmit the draft budget to the Supreme Court within the time allotted. The Executive Officer of the Supreme Court shall prepare a draft proposed budget for the Supreme Court to be reviewed by the Supreme Court en banc, no later than a date indicated annually by the Chief Justice. The Supreme Court en banc shall review the draft budget proposal for the Superior Court The Administrative Director shall make a presentation of the budget proposal to the Supreme Court at a date and time set by the Chief Justice. The Justices may modify the proposed Superior and Supreme Court budgets as they decan necessary to the efficient operation of the Judicial Branch. The Supreme Court may conduct public hearings, take testimony, summon witnesses, and subpoena records and documents as is necessary to properly consider and approve the budgets of the respective courts. The Executive Officer of the Supreme Court may utilize the resources and various personnel of the Judiciary in preparing and presenting the unified Judicial Budget. The unified Judicial Budget, as approved by the Supreme Court shall be the only The unified Judicial Budget, as approved by the Supreme Court en banc, will be forwarded to the Legislature by the Chief Justice as the official budget request for the Judicial Branch. If the Legislature determines that hearings or meetings are necessary to review the budget, the Executive Officer shall appear before the Legislature to present the unified budget and to respond to any inquiries by the Legislature. 10) The Chief Justice may issue such administrative orders as are necessary to insure that the budget review process is completed in a timely manner. 11) Pursuant to 7 GCA § 3107(b), the Supreme Court may employ any remedies necessary to effectuate its supervisory authority over the courts below, including, but not limited to the imposition of contempt and lesser sanctions upon any judicial 1 Order Promulgauing The Rules Governing The Annual Budget Of The Judicial Branch Of The Territory Of Quam Rules 1 through 12 set forth herein shall take effect on October 1, 1997. The Administrative Director shall present a copy of the 1998 Superior Court Budget to the Supreme Court and shall provide, in response to written questions from the Executive Director of the Supreme Court and within the time indicated by such request, all documents and other information requested which may have bearing on any item or amount contained in the fiscal year 1998 draft budget proposal. Rule 13 shall take effect immediately. DATED: Agana, Guam, June 24, 1997 8 9 JUDICIARY COMMITTEE Pursuant to the authority granted in 7 GCA §§ 2101, 3101, 3102 and 3107, and by its inherent 10 authority, the Supreme Court of Guam, sitting en bane, heroby adopts and promulgates the rules creating the Unified Judiciary Committee, The Unified Judiciary Committee shall have the powers and 12 responsibilities hereinaftor stated. 11 15 THE UNIFIED JUDICIARY COMMITTEE 1. The terms "Guarn Judiciary" or "Judicial Branch" as used herein shall collectively mean the 16 Supreme Court, Superior Court and their respective divisions. 17 18 2. The Unified Judiciary Committee. (a) There shall be a Unified Judiciary Committee that shall consist of the following members; the 19 Chief Justice of Guam, two (2) full-time Associate Justices of the Supreme Court, the Presiding Judge, one 20 (1) judge of the Superior Court to be selected by the remaining judges of the Superior Court, the 21 Administrator of the Supreme Court, and the Administrator of the Superior Court. The Chief Justice shall 22 be Chairperson of the Unified Judiciary Committee. The Chief Justice may designate another member of the Unified Judiciary Committee to be Chairperson. 2 23 24 25 26 27 (b) The Unified Judiciary Committee shall operate in a wholly nonpartisan manner. (c) The term of each member of the Unified Judiciary Committee shall be concurrent with the term of such member's respective office (d) A quorum shall consist of no less than a majority of the members. No act of the Unified 28 Judiciary Committee shall be valid except with the concurrence of no less than a majority of the 200205 18 1 2 membership 3 (c) The Unified Judiciary Committee shall promulgate rules for its conduct and operation. Said rules shall include provisions designed to comply with the spirit and intent of Chapter 8 of Title S Guan Code Annotated, the Open Government Law of Guan. 5 6 (a) The Unified Judiciary Committee shall have the following powers: (1) to adopt policies and rules for the operations of the Judicial Branch, including, but not limited to, procurement, facilities and property and financial not otherwise within the jurisdiction of the Judicial Council as provided by law. (2) to review the budget for the operation of the Judicial Branch and submit its recommendation to the Guam Legislaturo; (3) to employ, retain or contract for the services of qualified specialists or experts, as individuals or as organizations, to advise and assist the Judicial Branch in the fulfillment of its duties; (4) to adopt filing fees and other court fees not otherwise within the jurisdiction of the Judicial Council; 16 17 18 19 (5) to promulgate the Unified Judiciary Committee's own rules for its conduct and (6) to initiate, receive and consider charges concerning alleged misconduct or incapacity of any referee or administrative hearing officer of the Judicial Branch of Guam, and to form subcommittees that will determine and make recommendations as to the removal of any referee or hearing officer of the Judicial Branch; (7) to adopt such rules as may be necessary for the exercise of the powers and performance of the duties conferred or imposed upon the Unified Judiciary Committee by this Promulgation 24 25 26 1 2 3 (b) Nothing contained in this Promulgation Order shall be construed directly or by implication to be in any way in derogation or limitation of the powers conferred upon the Supreme Court of Guam or 4 existing in the Supreme Court of Guam by virtue of any provisions of the Organic Act of Guan or any 5 statutes of Guam or any other provision of the Guam Code Annotated. 6 4. Any action taken in violation of this Promulgation Order, or any policy or rulcadopted 7 pursuant to this Promulgation Order, is void. Any expenditure of Judiciary funds in violation of this 8 Promulgation Order, or any policy or rule adopted pursuant to this Promulgation Order, is void. Any 9 employee of the Judicial Branch who expends or authorizes the expenditure of Judicial Branch funds in violation of this Promulgation Order, or any policy or rulo adopted pursuant to this Promulgation Order, shall be personally liable for the return of the funds to the respective fund of the Judicial Branchand may be subject to appropriate disciplinary action. 10 11 5. 12 6. Any provision herein in conflict with Guam law shall not be valid. Such invalidityshall not affect other provisions herein which can be given effect without the invalid provision. Effective Date. This Order shall be effective on the date herein promulgated, 17 |